(1.) THE present appeal is directed against the judgment and order dated 14. 9. 1998 passed by learned Additional Sessions Judge, Bhavnagar in Sessions Case No. 199 of 1994, whereby the accused nos. 2,3,4 and 5 were acquitted for the offence punishable under Section 307 read with Sections 147, 148, 149 of the Indian Penal Code; the accused nos. 1 and 6 were acquitted for the offences under Sections 147, 148, 149 of the Indian Penal Code; the accused no. 1 was acquitted for the offence punishable under Section 25 (1) (2) of the Arms Act; the accused nos. 1 and 6 were convicted for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code and sentenced to undergo three years rigorous imprisonment and fine of Rs. 1,000/-, in default, to undergo simple imprisonment for three months.
(2.) IN brief, it is the case of the prosecution that the incident took place on 24. 12. 1993 in village Gadhda. Complainant Bhupatbhai Ranchhodbhai Gohel along with one Ghanshyambhai Kalubhai Parmar was travelling on motor-cycle which was driven by the complainant. The incident took place in the morning when the complainant and pillion rider Ghanshyambhai Kalubhai Parmar were passing through near cross roads near village Dhasa. Suddenly, one jeep came from the back side and dashed with the motor-cycle; the motor-cycle was turtled and the complainant and Ghanshyambhai fell down from the motor-cycle. The jeep was also stopped there. Thereafter, appellant No. 1-original accused No. 1-Bhikhabhai Ranchhodbhai Rajput fired from the jeep car from his tamancha (country made fire-arm) towards the complainant, but as the complainant bowed down, he did not receive bullet injury. It is alleged that present appellant Bhikhabhai Ranchhodbhai Rajput also fired second round of fire, but at that time also, the complainant bowed down and he did not receive any injury of bullet. It is also alleged that the jeep was driven by original accused No. 6 present appellant No. 2. It is also alleged that in the jeep, other accused Nos. 2 to 5 were also sitting on the back side of the driver. Thereafter, in one tractor, they came to Dhasa village and thereafter one Ranchhodbhai brought the complainant to the Government hospital. Accordingly, the complaint was lodged.
(3.) THE investigation was carried out in the case and the investigating officer, having found sufficient material, filed the charge sheet in the court of Judicial Magistrate, First Class, Gadhda against all the accused. As the case was exclusively triable by the Sessions Court, the Judicial Magistrate, First Class, Gadhda committed the case to the Sessions Court, Bhavnagar.